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Sealey v. State

District Court of Appeal of Florida, Second District
Jan 30, 1980
379 So. 2d 430 (Fla. Dist. Ct. App. 1980)

Summary

In Sealey v. State, 379 So.2d 430 (Fla. 2d DCA 1980), we adopted the rationale of Tobler, DeGeorge, and Greer and concluded that the burglary statute extended the application of curtilage to any building, not just a dwelling.

Summary of this case from Hamilton v. State

Opinion

No. 79-1366.

January 30, 1980.

Appeal from the Circuit Court, Polk County, Oliver L. Green, J.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


Affirmed. We agree with the decisions of the First, Third, and Fourth District Courts of Appeal that Section 810.011(1), Florida Statutes, extends the application of curtilage to the area surrounding any building, not just a dwelling, for purposes of defining a burglary. Tobler v. State, 371 So.2d 1043 (Fla. 1st DCA 1979); DeGeorge v. State, 358 So.2d 217 (Fla. 4th DCA 1978); Greer v. State, 354 So.2d 952 (Fla. 3d DCA 1978).

GRIMES, C.J., and SCHEB and OTT, JJ., concur.


Summaries of

Sealey v. State

District Court of Appeal of Florida, Second District
Jan 30, 1980
379 So. 2d 430 (Fla. Dist. Ct. App. 1980)

In Sealey v. State, 379 So.2d 430 (Fla. 2d DCA 1980), we adopted the rationale of Tobler, DeGeorge, and Greer and concluded that the burglary statute extended the application of curtilage to any building, not just a dwelling.

Summary of this case from Hamilton v. State
Case details for

Sealey v. State

Case Details

Full title:LUCIUS SEALEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 30, 1980

Citations

379 So. 2d 430 (Fla. Dist. Ct. App. 1980)

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